An attorney who handles contested matrimonial cases spends a considerable amount of time on motion practice. At the outset, it may become necessary to obtain a pre-commencement sequestration order or an order for an alternative method of service of process. Motions to amend the pleadings and discovery motions are frequently necessary in divorce actions. "Pendente lite" motions for temporary maintenance, child support, counsel and expert fees, and exclusive occupancy of the marital residence are an everyday occurrence. Where custody is contested, motions for temporary custody and visitation are often made.

An attorney whose client is dissatisfied with an order determining one of these motions has the right to appeal to the Appellate Division where the motion it decided, among other things, "involves some part of the merits" or "affects a substantial right." CPLR 5701(a)(2)(iv) and (v).

Many of these appeals from non-final orders must be promptly perfected because a non-final order is merged in and does not survive the entry of the final judgment. However, the non-final order may be reviewed on appeal from the final judgment if it "necessarily affects" the final judgment and meets the other requirements of CPLR §5501(a)(1). Matter of Aho, 39 N.Y.2d 241 (1976).